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(영문) 서울중앙지방법원 2018.02.22 2017가단5084194
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (formerly: A.S.) is a company that runs film production, import, and distribution business, and the Defendant is a film supervisor.

B. On July 1, 2015, the Plaintiff and the Defendant entered into a supervisory contract (hereinafter “instant contract”) and the part relating to the instant case is as follows.

(hereinafter referred to as “the traffic” and “the supervision” refer to “the Plaintiff” and “the Defendant”). The purpose of this contract is to provide for the rights, obligations, and all matters between the manufacturer and the graphic with respect to the extension of the theater film “B” as set out in Article 2 of the Supervisory Agreement (the purpose of this contract).

Article 2 (Pines Subject to Planning and Development) The outline of the principal film, which is the subject matter of this Agreement, shall be as follows:

Article 3 (Period of Contract) of the Agreement on the Development of Scenarios at the Present Development Status A (Period of Contract) of the Pceleb (A) Production Company B (C) Hybnbb, Inc., the final completion of the contract shall be one year and six months from the date of the execution of the contract.

The supervision of Article 4 (Details of Contracts) shall be to carry out the production of the main film specified in Article 2 for the duration of the contract under Article 3.

Article 5 (Planning and Development)

1. The supervisor shall proceed with the development of works faithfully in accordance with the program for the progress of works of separate category 1;

Provided, That the schedule for each phase of the development of works of separate category 1 may be modified by mutual agreement separately.

2. The supervision shall hear opinions in advance from graphics and consult with each other with respect to major decisions-making, such as direction-setting for development, scenarios composition, selection of writers, scenarios, paintings, etc.

Article 6 (Planning and Development)

1. The supervisor shall exercise, to the maximum extent possible, all services which the supervisor performs customarily in the Korean film industry;

2. The supervisor shall, without the written consent of the latter, engage in a third party, until the contract period under Article III expires.

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